According to Article 92 of the Land Code of the Republic of Kazakhstan, in cases where a land plot intended for farming or agricultural production is not used for its intended purpose within one year from the date of initial identification of the fact of non-use, such a land plot is subject to compulsory seizure in accordance with the procedure provided for in Article 94 of the Land Code.
The moment of identification of the fact of non-use of the land plot is the date of delivery to the owner of the land plot or the land user of the instruction on elimination of violations of the requirements of the land legislation of the Republic of Kazakhstan.
The period of non-use of the land plot for its intended purpose, provided for in paragraph 3 of Article 92 of the CC RK, does not include the time during which the land plot could not be used for its intended purpose due to force majeure.
Cases of non-use of a land plot provided for farming or farming, agricultural production for its intended purpose include:
1) on arable land – failure to carry out work on the processing of land for crops;
2) in haymaking – failure to carry out haymaking on the land plot, the presence of overgrowth with weeds, shrubs, small forests and other signs of degradation of the herbage;
3) on pastures – the absence of farm animals for grazing or their presence in an amount of less than fifty percent of the maximum permissible load rate on the total area of pastures established by the authorized body in the field of development of the agro-industrial complex, and (or) the absence of haymaking for forage harvesting;
4) on perennial plantations – failure to carry out maintenance, harvesting and uprooting of decommissioned perennial plantations.
On the basis of Article 94 of the Land Code of the Republic of Kazakhstan, the compulsory seizure of land plots from land owners and land users, provided for in Articles 92 and 93 of the Land Code, is carried out in court at the request of the bodies exercising state control over the use and protection of land at the location of the land plot.
Summarizing the above, we urge all agricultural producers to use land plots for their intended purpose.